Legal Question in Family Law in New Mexico
What is child abandonment? My son in law left his wife and their two babies. Has has failed to support them for over two years and has NO contact for almost seven months. She lives in New Mexico
1 Answer from Attorneys
Under section 30-6-1 in the New Mexico statutes the law says "Abandonment of a child consists of the parent, guardian or custodian of a child intentionally leaving or abandoning the child under circumstances whereby the child may or does suffer neglect. Whoever commits abandonment of a child is guilty of a misdemeanor, unless the abandonment results in the child's death or great bodily harm, in which case he is guilty of a second degree felony."
Ask your daughter to go and see an attorney in the town she lives in in NM. If she is receiving public assistance the chances are that the public assistance department has already or will soon file an action against him for the child support. If she wants to obtain an order over physical custody of the children or if she wants to obtain a divorce she will have to talk to an attorney or visit a self help center in the district courthouse in the town where she lives.
Good luck.
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